Weekly independent. [volume] (Elko, Nev.) 1887-1914, 1887-06-26

aallrs.a. Mu., rex. TAc ro.rtA
HeetLan A. TheI FL q.


The Interstate Commerce Co,nmis
zion has rendered the iong.expec'ed de
-cission upon the fourth section OF the
Iuter-Ssate Commerce Act. which pro-
Libits n greater charge for the Transport
tation Of passengers AMI property over
a shorter than n 1 ger distance in the
same direction Snde, substantially simi-
lar circumstances au | eouditioSs.
The decision is re Y long. comprising
more than 5000 ,ris. Int toe most
important feature is the Annorucenieri
chat the Commission. after N ';nre con-
sdsration, is satisfied thst the statute
.loes rot require it {" decil- in every
Instance ON IA exceptional ease and
Gusn an order for relief before the car
rier i ut iiborty in rs tariffs ts depart
froLa the geuerRi uul-. The edTftsi
nx=.dAeie tuf Itself what are set-ian-
italy similar circumstances aud c"nGi-
tions Ehieh preclude the special late.
rebate or drawback. which il made un'
lawful bS Section u aod Section A.
since no tribunal is ampSwered to Ssdge
for it until ai;erthe carrier has Leted. and
then ouly for toe pSrpo~e OF fetermin'
sns whether its action Constitutes VIC
Ia;ioa Of the Law.
The carrier judges en- che peril Of the
consequences; but the special rate, rs-
hate or drawback which it grants. is moi
illegal when it turns out that the cir
HumstI-ees AID conditions are :Iot such
as forbid it: and a. Congress clearly
inteAied this. it must also, when using
the same words ig the fourth section,
have intended that the carrier (whose
private privilege was in the same way
limited by theEl would. ia the same
way. act pom its judgement 81 limiting
circumstances and conditions. The
Commission, therefore. will not Gnder-
take to decide in advance what consti.
flutes or vha; does not conSitGte dis.
elimination under substantially 6 milar
circumstances and condition.. but vii!
leave the railroad companies an fixing
their tariffs to net upon their own judge
ment aud ~ their risk subject to nc
oSautabiiity before the Commission aud
the Courts in cases where complaint il
made by interested parties OF II viola
tion OF the law.
Tue jaJgm,nt of carriers in respect to
the circumstances and conditions is not
final, but subject to the authority OF the
Commission and the Courts 10 see
whether an iTrcr has been committed
nc whether the statute has beeu vioIul-
ell, and in case Of complaint for a viola
zion OF the fourth section OF the act. the
burden OF proof is on the carrier to jus.
fifty any departure from the general .ule
prescribed by the statute by showing
that the circumstances and conditions
are Substantially dissimilar.
The Commission further decides that
when n greater charge. in the Asgre-
gate. is made for tran portation OF pas.
sengers or a like kind Of property. for n
shorter than a LONGER distance over the
same line. in the same direction. the
shooter being included in the longer dis
tapee. it is not II sufficient Justification
that the traffic which is subjected to
such a greater charge is way or local
traffic, and that which ia giren more
favorable rates is not. Nor ID it suhi.
"irnt Justification fer such greater
charge that the short haul trafsc is more
expensive to tie carrier unless when
the circumstances ARE such as to make
it exceptionally expensive. the differ.
ence being extraordinary aud sgScrpti-
III, OF proof: nor that the Lesser charge
IN the longer haul j. merely II continue.
ton Of the favorable rates under which
the trade centers or industrial establish
m-n,s have Decu built up. The fact
that the long haul traffic will ouly bear
certain rates, H. no reason Tor carrying
Il Tor less than cost at the expense Of
q o.her traffic.